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Code Enforcement Meeting Minutes - September 1, 2016

CODE ENFORCEMENT BOARD MEETING MINUTES

   Thursday, September 1, 2016

   The meeting of the Miami Shores Village Code Enforcement Board was held on Thursday September 1, 2016, at the Miami Shores Village Hall.  The meeting was called to order at 6:00 pm. by Chairman, Barry K. Asmus.

Roll Call.

 

Present: Patrick Huber, Vice Chair Barry K. Asmus, Rod Buenconsejo, Manny Quiroga, Robert Smith.

 

Absent: Chairman Robert Vickers, Barry Perl

 

Will everyone that is going to testify tonight please raise your right hand and swear to tell the truth, the whole truth and nothing but the truth.

 

In Attendance

Anthony Flores, Code Enforcement Supervisor

Mike Orta, Officer, Code Enforcement

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

FIRST HEARING

 

Case:  8-16-15696

Owner:   John & Nicole Kriney

Address:  155 NW 91 Street

 

John Kriney and Nicole Kriney were present and wished to dispute the violation.  Officer Flores testified that he had been called to the site with a complaint that a Village tree had been damaged.  Public Works then directed the tree trimmers that the tree needed to be cut down because it had been irreparably damaged.  Officer Flores testified that this was a Java Plum tree that was very large and the owners had no permission to cut the tree and they needed a permit.  Ms. Nicole Kriney testified that the tree in question is actually an invasive species and it clusters up with berries at least once a year and stained their driveway.  She testified that the driveway was breaking because of the tree roots.  She testified that they called a tree service that said that the tree was a Bashovia and it was invasive.  Officer Flores testified that the tree company that they had contracted is notorious for cutting up trees they should not have.  Officer Flores testified that regardless the kind of tree it was if it is in the village property they need permission to cut it down.  Discussion took place as to what is it that we are asking them to do.  Officer Flores testified that he is asking for irreparable damage and a fine of $5,000.00.  Ms. Kriney testified that the tree was not right on the street and it was in part of their property.  The Board asked questions.  Ms.  Kriney argued that the tree was damaging their driveway.  Mr. Kriney testified that in an effort to cure the driveway violation they took the tree down.  Mr. Sarafan asked a question.  The Board made comments and asked questions.  Officer Flores testified that the owner had moved in and the tree was already there.  Mr. Sarafan offered suggestions to resolve the issue maybe to move for a continuance.  The Board asked questions.  Discussion took place as to how to resolve this matter.

 

Motion to continue to the next meeting by Manny Quiroga

Seconded by Patrick Huber

Vote: Passed (Yes=4, No=1, Abstain=0)

Yes: Manny Quiroga,  Patrick Huber, Robert Smith, Barry Asmus

No:   Rod Buenconsejo

 

  

Case:  8-16-15670

Owner:  Bibiana Patino

Address:  95 NW 95 Street

 

Officer Orta testified that on July 16 of this year he noticed contractors on the property he asked them what they were doing.  They said they were installing an AC.  Officer Orta testified that there was no permit in file for this work being performed.  Ms. Bibiana Patino was present and wished to dispute the violation.  She testified that the job performed was that the changed the condensing unit.  She asked the contractor to get the permit and they failed to do so.  The Board asked questions.  Ms. Patino testified that Advance Air Tech was the contractor that came to service the unit. 

 

Motion:  With respect to case 8-16-15670 I move for finding of fact in conclusion of law that there exists a violation of code section 6-4(a) of the Miami Shores Village Code the offending party shall correct the violation by the day before next meeting (October 6, 2016) and immediately notify the Code Enforcement Officer when the property has been brought into compliance, if the violation has not been brought into compliance by that time the Code Enforcement Officer may report back to the Board and in such an event a fine is hereby authorized to be automatically assessed against the violator in the amount of $50.00 a day thereafter which will constitute a lien on the property of the violator, cost in the amount of $30.00 are hereby be assessed to recoup the villages expenses in prosecuting the violation to date.

 

Moved by Manny Quiroga, Seconded by Rod Buenconsejo

The vote was unanimous in favor of the Motion

 

 Summary Adjudication for 1stHearings:  Case(s): 3-16-15044; 4-16-15131; 4-16-15142; 4-16-15156; 4-16-15225; 6-16-15378; 6-16-15413; 6-16-15414; 6-16-15415; 6-16-15416; 6-16-15457; 6-16-15458; 6-16-15468; 7-16-15503; 7-16-15515; 7-16-15519; 7-16-15529.

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion:I move for summary adjudication of all such cases to include a finding of fact and conclusion of law that a violation exists as charged in the respective notice of violations issued therein and that, in each such case, the offending party shall correct the violation within time period specified and immediately notify the Code Enforcement Officer when the property is brought into compliance.  In each such case, if the violation is not brought into compliance within such time period, the Code Enforcement Officer may report this fact back to the Board in accordance with the Board’s Rules and Regulations at which time a fine is hereby authorized to be automatically assessed against the violator. In the respective daily amounts specified in staff’s recommendations for tonight’s hearing, retroactive to the original compliance deadline. Further, with respect to each such case, costs in the amounts specified in Staff’s recommendations for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in prosecuting the violations to date.” 

 

Moved by Manny Quiroga, seconded by Patrick Huber

Motion: Passed Unanimously

 

 

PENALTY HEARING

 

Summary Adjudication for Penalty Hearings:Case #’s:  1-16-14838; 2-16-14969; 3-16-15070; 6-16-15374; 6-16-15446.

The officer, Anthony Flores, testified that Affidavits of Non-Compliance and evidence of violation exists in each of the files.

 

Motion:I move that, in each case currently remaining on the penalty docket for tonight’s hearing, each respective violator be ordered to pay the daily fine previously adjudicated and authorized to be imposed against them by prior order of the Board, retroactive from the day the violation was to have been corrected, that upon recording, the Board’s Order in this regard will constitute a lien on the property of the violator.

 

Moved by Manny Quiroga, seconded by Patrick Huber

Vote: Passed Unanimously

 

REQUEST FOR RELIEF

 

 Case(s): 1-13-10832; 4-13-11165

Owner:  Matthew and Amanda Green

Address: 930 NE 95 Street

 

Mr. Mathew Green apologized for not acting in due diligence when they obtained the property by Quit Claim Deed. The trees were just delivered the week of July 20th, 2016.  He testified that they had been working with both Code Enforcement Officers to rectify the violation.  The Board asked questions.  Mr. Green testified that October 2014 they moved into the house.   April 2013 the Code Enforcement Officer attempted to post the property.  Mr. Green testified that they had to put in septic tanks which prevented them from taking care of the re-sod the yard.  The Board asked questions.  Discussion took place about the trees.  Officer Orta testified that Mr. Green’s mother was the person in charge of the property before Mr. Green took over.  The offer was raised to $1,500.00 payable in 30 days.

Denied for lack of Motion

 

  

Case(s): 11-13-12114; 11-13-12115

 Owner: David Hogan

c/o Lana M. Naghshiena, Esq.

Address: 42 NW 110 Street

 

Attorney Lana Naghshiena of 2655 S. Lejeune Rd., PH 1D, Coral Gables 33134 was present on behalf of the owner.  Ms. Naghshiena stated that Mr. Hogan is aware that as a homeowner in Miami Shores he is responsible for the aesthetics of the home.  He has cleaned the home and has kept it in good condition and would like to resolve this issue without further delay.  Ms. Naghshiena stated that Mr. Hogan’s intent is to renovate and sell the property. 

Motion:  That upon receipt of $6,000.00 payable within 30 days that the lien be released.

Moved by Patrick Huber, seconded by Robert Smith

Vote: Passed Unanimously

 

  

 Case(s): 6-13-11522; 6-13-11523; 6-13-11524; 6-13-11525; 6-13-11526  

Owner: CAP Realty LLC

Address: 2 NW 108 Street

 

Alicia Ortiz was present and wished to testify.  She said that they purchase the property with the intentions to improve and repair all violations.  The septic tank had to be replaced.  Since the original violation they have obtained all the permits in order to comply.  Ms. Ortiz stated that there have been significant improvements made to the property since they acquired it.   She said that they recognize that there were a lot of issues with the property but they have slowly, as the economy has permitted, have fixed these violations.  Mr. Xavier Cadlevie was also present.  The Board asked questions.  Mr. Cadlevie testified that when they went into the property they discovered a lot of issues with the house that were wrong and needed fixing.  Mr. Cadlevie testified that the liens were there when he purchased the property but he did not think they were that bad.   He testified that he had spent a lot of money and is now in the red after all the repairs.  The Board asked questions.  Ms. Ortiz testified that they had come in and immediately after they purchased the house they sought to cure the violations.  The septic tank permitting process was very difficult to obtain.  There were many factors weighing in the whole process of the repairs.  The Board asked questions.  Officer Flores testified that the violator was aware of the violations when he purchased the house.  Officer Flores stated that he had given them time to cure the violations.  The offer was increased to $12,425.00. 

 

Motion:  That upon receipt of $12,425.00 payable within 150 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed Unanimously

 

  

 Case(s): 12-10-8017; 12-10-8018

Owner: US Bank National Association

Address: 101 NW 100 Street

 

Attorney Mark Brown for US Bank National Association was present on their behalf.  Mr. Brown claims that the liens were foreclosed out that is the reason they are just offering to pay the administrative costs.  He said that they do not believe that these liens are valid.  The Board asked questions.  Mr. Sarafan asked the attorney why the foreclosure is an amended foreclosure.  Mr. Brown could not explain why.  Mr. Sarafan offered an explanation as to the foreclosure procedure.   The offer amount is $100.00 payable in 30 days.

Failed for lack of Motion

 

 

 

 Case(s): 8-15-14456

Owner: Karen McClenney

Address: 545 NW 111 Street

 

Ms. Lacrecia Green and Ms. Karen McClenney were present and wished to testify.  Ms. Green apologized for the offer amount of $50.00 and offered an explanation as to why her mother had offered this amount.  Ms. McClenney explained that at the time she had to paint the house she had some financial hardship and she could not afford to pay the painter.  The Board asked questions.  The offered amount was increased to $500.00.

 

Motion:  That upon receipt of $500.00 payable within 60 days that the lien be released.

Moved by Patrick Huber, seconded by Rod Buenconsejo

Vote: Passed (Yes=4, No=1, Abstain=0)

Yes: Patrick Huber, Rod Buenconsejo, Manny Quiroga, Robert Smith

No:  Chairman Asmus

 

 

 Case(s): 4-13-11239

Owner: Shepherd Capital Funding Corp.

John M Shepherd III, CEO

Address: 1276 NE 93 Street

 

John Shepherd was present and did not wish to ask any questions. The Board asked questions.  Mr. Shepherd raised the offer to $2,000.00 payable in 30 days.

 

Motion:  That upon receipt of $2,000.00 payable within 30 days that the lien be released.

Moved by Manny Quiroga, seconded by Patrick Huber

Vote: Passed (Yes=4, No=1, Abstain=0)

Yes: Patrick Huber, Barry Perl, Chairman Asmus, Manny Quiroga

No: Rod Buenconsejo

 

  

Case(s): 8-15-14461

Owner: Kerline Saint-Sauveur

Address: 571 NW 113 Street

 

Andre Saint-Sauveur was present and wished to testify on behalf of his sister Kerline.  Mr. Saint-Sauveur testified that he does not have authority to increase the amount.  He then said he can raise the amount to $1,500.00.  The Board asked questions.  Mr. Saint-Sauveur testified that the Tenants he had were evicted because of the problems they were causing.  The new offer is $1,500.00 payable in 30 days.

 

 

Motion:  That upon receipt of $1,500.00 payable within 30 days that the lien be released.

Moved by Robert Smith, seconded by Patrick Huber

Vote: Passed (Yes=4, No=2, Abstain=0)

Yes: Patrick Huber, Rod Buenconsejo, Manny Quiroga

No:  Chairman Asmus, Rod Buenconsejo

  

Discussion took place about 7 NE 91 Street the no show today. Mr. Sarafan gave some information to the Board about a case that was just won.  Also, he offered information regarding the final judgement of foreclosures procedure. 

 

MINUTES

Minutes for August 4, 2016

Motion to approve minutes, Motion made by Patrick Huber, seconded by Manny Quiroga and the vote was unanimous in favor of the Motion.

Calendar for 2016-2017 Meeting Dates – Motion to approve as corrected by Patrick Huber, seconded by Manny Quiroga and the vote was unanimous in favor of the Motion.

 

NEXT MEETING

The next meeting will be on October 6, 2016

ADJOURNMENT

September 1, 2016 Code Board meeting was adjourned  

________________________________                               _____________________________

Anthony Flores, Code Enforcement Supervisor                       Barry Asmus, Vice Chairman